Legal Question in Landlord & Tenant Law in India

Dear Sir...

I stay in Assam. My fathr is the owner of a building premisis in Guwahati, and we have several tenants within the same premisis. The tenants are continuing since 1964. Now, we dont have any agreement with a particular tenant since this long period. We receive the rent in cash and provide a receipt against it. The problem is that they are offering too low a rent for the particular premisis. Premisis area 250 sq feet in ground floor in main hub of the city , and they pay a rent of Rs. 1900 only. We asked them to give the rent of Rs. 5000 instead due to the increasing inflation and Municipal Tax rates. But the tenant didnt agree . and after 2 months of not paying their rent has filed a PIL against us, regarding the rent and is depositing the money in Court. Under such a condition, Can the Tenant claim the right of the premisis from the Landlord, i.e. us? Is there a chance of vacating the tenant, (wherein the tenant claims that the premisis is his only income source)? Please give me your advice??


Asked on 5/29/13, 8:09 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.05.2013

Dear Sir / Madam,

Even though the tenants are depositing the money in the Court, they cannot claim the right on the premises, since they will always remain tenants. You should initiate eviction proceedings against the tenants for want of increase in the rent to the present market value.

Regards,

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Answered on 5/29/13, 8:24 am


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